I may stir up a hornets nest here. Not all churches are pleasant places of
gentle worship. Some of them are places of persecution of those whose
belief system does not agree closely with the church leaders. I single out
no sect, no faith. My point is generic, and the term church should include
all institutions which are "church-like". If anyone feels I am slurring
their religion or belief system, I am not doing so. They may discuss this
with me quietly off the list. I am choosing to take this point towards a
logical extreme, and to use it as an example.
Such places may use websites to persecute. Thus we should not, simply
because a place is a place of religion, fail to scrutinise it.
Probably, though, the scrutiny under which this particular church found
itself, might be extreme. However, every individual has an absolute right
to make a formal complaint about matters of data. In this case, though we
are in "Good Grief! Mode" (well I am) the case has proved that it can be
handled at the highest level. A result that surprises us, but handled it
was.
Tim Trent - Consultant
Direct: +44(0)1344 392644 Mobile:+44(0)7710 126618
email: [log in to unmask]
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-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Otter, Thomas
Sent: Monday, November 10, 2003 7:00 PM
To: [log in to unmask]
Subject: Re: [data-protection] PD on internet not an international transfe r
Hello all:
indeed. We can all sleep safer knowing that church websites are under the
wachful eye of our highest courts...
I was always under the impression that data protection law was there to
protect us from:
1. state abuse of personal information
2. Corporate abuse of personal information
Picking on a church warden building a first website seems the wrong place to
start. Perhaps the authorities should pick on someone their own size?
greetings from Germany
Thomas
-----Original Message-----
From: Tim Trent
To: [log in to unmask]
Sent: 10/11/2003 16:28
Subject: Re: [data-protection] PD on internet not an international transfer
I think we are going to have to consign this to the "Good Grief!" pile.
I read this and re-read it, and I must admit my head is now spinning and
aching.
Clear to me is one salient fact. "Whatever the court says, whatever the law
says, common sense should always prevail."
This common sense is "Do not open yourself or your employer up to the hassle
of a prosecution, even if you are found 'not guilty' eventually. The
stress, the negative PR, the rest of the mess, the defence costs, are none
of them worth it."
We have now all heard of Bodil Lindqvist. I expect she would far rather we
had not. And therein lies the advice we give to our clients:
"Assess the business risk, assess the costs of being thought not to comply,
and make your business decisions from that standpoint."
Tim Trent - Consultant
Direct: +44(0)1344 392644 Mobile:+44(0)7710 126618
email: [log in to unmask]
<mailto:[log in to unmask]>
Marketing Improvement Limited, Abbey House, Grenville Place, Bracknell,
United Kingdom, RG12 1BP http://www.marketingimprovement.com
<http://www.marketingimprovement.com>
This message is for the intended addressee's use only. It may contain
confidential, proprietary or legally privileged information. No
confidentiality or privilege is waived or lost by any mis-transmission.
If
you receive this message in error, please immediately delete it and all
copies of it from your system, destroy any hard copies of it and notify the
sender. You must not, directly or indirectly, use, disclose, distribute,
print, or copy any part of this message if you are not the intended
recipient. Any views expressed in this message are those of the individual
sender, except where the message states otherwise and the sender is
authorised to state them to be the views of any such entity.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Charles Oppenheim
Sent: Monday, November 10, 2003 9:25 AM
To: [log in to unmask]
Subject: Re: [data-protection] PD on internet not an international transfer
In para 55 of the text, it states that the British Government's view was
that placing on the Internet is NOT transfer - which runs counter to what
the OIC has been saying.
So, placing personal information on the Internet is not transfer - even in
such cases when someone in another country without adequate protection then
uses the details found on the site to bombard the individuals in question
with spam. Seems to run counter to recent EU moves to prevent spam....
Charles
Professor Charles Oppenheim
Department of Information Science
Loughborough University
Loughborough
Leics LE11 3TU
01509-223065
(fax) 01509-223053
----- Original Message -----
From: "Paul Ticher" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Monday, November 10, 2003 9:07 AM
Subject: Re: PD on internet not an international transfer
> It's case C-101/01, and there's a press release about it on the same
> web site, release no. 96/03.
>
> Basically it seems completely counter to our Commissioner's guidance
> that putting material on a publicly accessible web site automatically
> counts as
a
> transfer abroad. What I don't understand, in that case, is whether a
> transfer takes place if the material is, in fact, accessed from
> abroad,
and
> if so who makes the transfer - the Data Controller in Europe or the
> person accessing the material? Or does it come down to your
> intention? If the material is only aimed at a local Swedish church
> group (as in the case),
is
> it irrelevant that someone in Korea happens to stumble across it and
> download the information?
>
> Paul Ticher
> Information Management
> 0116 273 8191
> 22 Stoughton Drive North, Leicester LE5 5UB
>
> I hereby require any recipient of this message not to use my personal
> data for direct marketing purposes.
>
>
> ----- Original Message -----
> From: "Tim Trent" <[log in to unmask]>
> To: <[log in to unmask]>
> Sent: Monday, November 10, 2003 7:50 AM
> Subject: Re: PD on internet not an international transfer
>
>
> > Ok, it's "Tim is a Klutz" time, but it is Monday.
> >
> > Nicola, how do we find the right one of these articles, please? The
> > URL
> is,
> > regrettably, sort of "generic". If you have a case number it would
> > be great. Or am I missing something obvious?
> >
> > -----Original Message-----
> > From: This list is for those interested in Data Protection issues
> > [mailto:[log in to unmask]] On Behalf Of Nicola
> > Mckilligan
> > Sent: Saturday, November 08, 2003 1:39 AM
> > To: [log in to unmask]
> > Subject: [data-protection] PD on internet not an international
> > transfer
> >
> > The European Court of Justice recently held that making personal
> > data available on the internet is not subject to the rules
> > prohibiting the transfer of pd outside the EEA
> >
> > see attached for details
> >
http://curia.eu.int/jurisp/cgi-bin/form.pl?lang=en&Submit=Submit&docrequ
ir
> >
> >
> >
> >
> > Nicola Mckilligan
> > Director
> > Privacy & Information Plus
> >
> > ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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